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1958. Milk Pasteurization. No. 6319 37T.
No. 6319.
MILK PASTEURIZATION ACT 1958.
An Act to consolidate the Law relating to the
Pasteurization of Milk.
[30th September, 1958.]
E it enacted by the Queen's Most Excellent Majesty by and
B with the advice and consent of the Legislative Council and
the Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is
to say):—
1. This Act may be cited as the Milk Pasteurization Act 1958, shorttuie
and shall come into operation on a day to be fixed by proclamation mencement.
of the Governor in Council published in the Government Gazette.
2. (1) The Act mentioned in the Schedule to the extent Repeal,
thereby expressed to be repealed is hereby repealed accordingly, schedule.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by the repealed Act or existing or continuing
under such Act immediately before the
commencement of this Act shall under and subject
to this Act continue to have the same status
operation and effect as they respectively would have
had if such Act had not been so repealed;
378 1958. Milk Pasteurization. No. 6319
(b) in particular and without affecting the generality of
the foregoing paragraph such repeal shall not
disturb the continuity of status operation or effect
of any proclamation regulation report appointment
application licence suspension liability or right
made issued granted given imposed accrued
incurred or acquired or existing or continuing by
or under such repealed Act before the
commencement of this Act.
inter- 3. (1) In this Act unless inconsistent with the context or
a
No!54^».2. subject-matter—
" Bottled." " Bottled " means contained in a bottle or other prescribed
container.
"Committee." "Committee" means the Milk Pasteurization Committee
appointed under this Act.
"aaSrtSn " Licensed pasteurizing premises" means premises in
premises." respect of which a pasteurization licence has been
granted under this Act and is in force.
"Miik." "Milk" does not include condensed dried or desiccated
milk or milk powder or milk of any other prescribed
a eur form.
££ S - " Pasteurized " in relation to milk means milk every particle
of which has been heated once only to—
(a) 145 degrees Fahrenheit and held at that
temperature for at least 30 minutes; or
(b) 162 degrees Fahrenheit and held at that
temperature for at least 15 seconds,
and immediately afterwards cooled to a temperature
not greater than 38 degrees Fahrenheit; but no milk
shall be deemed to be pasteurized unless it—
(i) gives a negative Phosphatase Test when tested
by the prescribed Phosphatase Test Method;
(ii) has a Standard Plate Count of not more
than 30,000 organisms per millilitre as
determined by the prescribed Standard
Plate Count Method;
(Hi) has no discernible Coliform bacteria in one
millilitre of milk when tested by the
prescribed Coli Test Method.
" Prescribed." " Prescribed" means prescribed by regulations made
under this Act.
SeU
" " " Sell" includes offer or attempt to sell or deliver for sale
or cause or allow to be sold or offered or delivered
for sale.
1958. Milk Pasteurization. No. 6319 379
(2) Any licensed pasteurizing premises shall be deemed to ^"Ufgj,,
be a dairy for the purposes of the Milk and Dairy Supervision Act premises to be
1958 and for the purposes of the Milk Board Act 1958. 23£5£Sf
r
Milk and
Dairy
Supervision
Act and Milk
Board Act.
4. (1) After a day fixed by proclamation of the Governor in °S«
urized
i 1 be
Council published in the Government Gazette in relation to a ™1 ^
prescribed district no person shall in that prescribed district— delivered after
1 * proclaimed
(a) sell or deliver milk except milk pasteurized at licensed p^^d
pasteurizing premises and bottled and sealed as districts,
prescribed; or No. 5444 s. 3.
(b) (in the case where the milk is sold and delivered at
a shop for immediate consumption by a customer
at the shop) sell or deliver milk except milk
pasteurized at licensed pasteurizing premises.
(2) Nothing in this section shall apply to the delivery of
milk—
(a) to licensed pasteurizing premises in that prescribed
district; or
(b) to manufactories or treatment or processing depots
in that prescribed district which are approved by
the Minister.
5. (1) For the purposes of this Act there shall be an advisory ^k
euri2ati n
0
committee called the Milk Pasteurization Committee. committee."
(2) The Committee shall consist of— No. 5444 3. 4.
(a) the person for the time being holding the office of
Superintendent of Dairying in the Department of
Agriculture who shall be chairman of the
Committee;
(b) an officer of the Department of Health who is a
legally qualified medical practitioner appointed by
the Governor in Council;
(c) the person for the time being holding the office of
Director of the Veterinary Research Institute
maintained by the University of Melbourne;
(d) a person having practical experience of the
pasteurization and treatment of milk appointed
by the Governor in Council from a panel of three
names submitted by the Victorian Milk
Distributors' Association;
(c) a person who is a recognized whole milk producer
appointed by the Governor in Council.
(3) At all meetings of the Committee the chairman or in his
absence the member who is a medical practitioner shall preside.
380 1958. Milk Pasteurization. No. 6319
(4) Any three members of the Committee shall constitute a
quorum and subject to this Act the Committee may regulate its
own proceedings.
(5) The members of the Committee respectively appointed
under paragraphs (c) (d) and (e) of sub-section (2) of this
section shall be entitled to be paid such remuneration and such
travelling expenses as are prescribed.
(6) Each of the members of the Committee appointed by the
Governor in Council shall be entitled to hold office for the period
(not being more than three years from the date of his appointment)
for which he is appointed and shall be eligible for re-appointment
but the Governor in Council may remove any such member.
(7) During any vacancy in the Committee the continuing
members may (so long as there is a quorum) act as if no vacancy
had occurred.
Functions The "functions of the Committee shall be—
of the
Committee. (a) to survey the facilities existing from time to time
No. 5444 8. S. for the pasteurization bottling and sealing of milk;
(b) to advise the Minister whether premises for which a
pasteurization licence is sought comply with the
requirements of this Act;
(c) to make such reports to the Minister—
(i) as the Committee is authorized or required
to make by this Act; or
(ii) on such matters in relation to the
pasteurization of milk as are referred to
it by the Minister or as the Committee
thinks proper.
pastmrization 7. (1) The occupier of any premises equipped for the
NTMMS 6. pasteurization bottling and sealing of milk may apply to the
Minister for a pasteurization licence in respect of those premises.
(2) The Minister after consideration of a report of the
Committee shall grant such a licence if he is satisfied that—
(a) the premises are suitable and sanitary;
(b) the premises are equipped with—
(i) plant capable of pasteurizing milk in
compliance with this Act;
(ii) mechanical equipment for the washing and
sterilizing of bottles;
(iii) mechanical bottle-filling equipment;
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